Smith v. Flowers
Supreme Court of Iowa
Appeal from Tama District Court. — B. F. Cummings, Judge. Action of replevin for the possession of plaintiff’s own cattle, held in distraint by the defendants as trespassing stock. The trial court sustained defendants’ motion for a judgment upon the pleadings, and dismissed the petition. Plaintiff appeals.
1Opinion of the CourtEvans, J.
Inasmuch as judgment was entered upon the pleadings, we must deem the allegations of the petition as true, for the purpose of this appeal. Plaintiff’s ownership of the cattle is conceded. The defendants’ only claim to the possession is that they distrained the cattle while they were trespassing upon their land, and that the township trustees assessed the damages in their favor at $80. The defendants demand payment of the damages so assessed, and hold the *47stock in distraint until payment be made. It is made to appear from the. pleadings that the parties are adjoining landowners. It appears…
2Cases cited3 opinions
- Duffees v. JuddSupreme Court of Iowa · 1878
- Miracle Pressed Stone Co. v. RothSupreme Court of Iowa · 1909
- Lint v. MaloneSupreme Court of Iowa · 1913